PRESIDENT’S REPORT

Hello everyone, and welcome to the latest edition of our member magazine.

I would first like to extend my best wishes to Brevet Sergeants Ian Todd and Jordan Allely of South Australia Police after they were stabbed in the course of their duties. On behalf of the entire membership and AFPA staff, I sent a letter to the Police Association of South Australia’s President Mark Carroll in solidarity and to thank his members for their service to the South Australian community.

This type of occupational violence is abhorrent. Despite the inherent risks of policing, there is no reason that there should be a resultant higher prevalence of members being attacked. The Police Federation of Australia and all of its branches, including the AFPA, are united in our push to have this addressed at a federal level.

National Council

The AFPA’s biennial National Council took place at the start of March and was held at the Realm Hotel in Barton, ACT.

This year’s Council saw a lot of great debate and interaction between Delegates, Executive members, and AFPA staff.

Many great ideas were discussed and tabled, and we were grateful that Attorney-General Mark Dreyfus, Shadow Minister Karen Andrews, Senator for Tasmania Jacqui Lambie, Member for Macarthur Dr Mike Freelander, and Member for Bean David Smith were all able to attend. Mr Dreyfus and Ms Andrews both provided keynote speeches that were very well received by Council attendees.

More information, including photos from the two-day event, can be found on page 22.

The Right To Disconnect

As I mentioned in the May AFPA Dispatch, the right to disconnect has become increasingly relevant in today’s digital age, with many employers expecting employees to be available around the clock. I want to remind everyone that there is no obligation to answer an email, text message, or phone call out of hours unless you are in receipt of an appropriate allowance. The right to disconnect recognises the importance of work-life balance and mental health. The AFPA will continue to advocate for boundaries between work and personal life. A previous article on the right to disconnect can be found in our December 2022 issue of Blue Star (page 8).

Submissions

Over the last eight weeks, the AFPA has made several submissions to government at both a local and federal level:

National Firearms Register (federal). In response to an invitation from the Attorney-General’s Department, the AFPA provided background context and an overall position on why a National Firearms Register is needed in Australia. A large focus of the submission was on the umbrella of crimes which could be prevented by legislative reform: rebirthing, illegal modifications/ parts trafficking/grey market possession, and circumventing licensing suitability checks with respect to criminal history in different jurisdictions.

The AFPA has also received a commitment from Attorney-General Mark Dreyfus to effect real reform to firearms legislation in Australia. The letter from Mr Dreyfus has been reproduced on the next page.

Penalties for minor offences and vulnerable people (ACT). The ACT Justice and Community Safety Directorate has accepted the AFPA’s submission on the suggested level of financial penalties imposed on vulnerable people who commit minor crimes. Any reference to “vulnerable people” must be clear and unambiguous, and the AFPA was very conscious to defer to community policing experiences in the ACT to inform this definition of a “vulnerable person”. We also examined legislative reform in Canada and New Zealand to assess which measures were both effective in deterring crime while respecting vulnerable people’s financial means and dignity — and which weren’t.

Vaping (federal). I have been working together with the PFA to formulate a united voice to government detailing why and how vaping must be controlled. In direct conversation with members of the Joint Select Committee on Law Enforcement, the Minister for Health and Aged Care, and Attorney-General Mark Dreyfus, our aims are to preclude organised criminal enterprises from profiting from a black market of vapes, and to otherwise prevent dangerous public health outcomes. Vapes must be regulated and taxed in the same way that tobacco and alcohol are in Australia.

Spithood ban (ACT/National). While the AFP withdrew the use of spithoods at a national level, the effect of this has been confined to the community policing environment. While the AFPA acknowledges the ban, we demand that the ACT government adopt the model legislation for mandatory blood and saliva testing of people who have spat on police. Other jurisdictions (NSW, WA, NT and SA) have introduced such legislation; however, ACTP members have no such protection and face waits of up to six months after being spat on before they receive the all-clear from their doctor.

We understand our members’ eagerness and anticipation to begin negotiations and finalise an agreement that addresses their needs and aspirations. We share this eagerness and anticipation.

We will keep you updated on the progress of the EA bargaining phase. We encourage you to stay engaged with the AFPA, attend our upcoming musters, and continue providing your valuable input and feedback to help shape the negotiation process.

Thank you for your ongoing support and patience during this crucial phase. We remain dedicated to achieving the best possible outcome for all our members.

UPCOMING MUSTERS (NATIONAL)

Member musters will be held over the next month to two months. I will be travelling around Australia with members of both the Membership and Legal teams to provide updates on the EA, as well as general AFPA business. There will be ample opportunity for members to ask any questions and provide feedback. Please make the time to attend your closest muster if at all possible – firm dates and locations will be disseminated via email in the leadup to the musters.

Pay And Morale Survey

We would like to see the subsumption of a “redirection strike” or “deterrent blow” into the techniques outlined in CO3 that officers could utilise where one reasonably presumed that they were about to be spat on or had already been spat at. This option already exists in some other police jurisdictions and should be adopted by the AFP nationally.

Since the ban was implemented, independent data obtained by the AFPA shows that spitting incidents in ACT watchhouses have tripled compared to the months before the ban. At the time of the ban, the AFP referred to “alternative techniques and equipment” that would be provided to members to lessen spitting incidents; the “deterrent blow” option is what the AFPA will advocate for.

I am continuing to engage with the AFP Executive about what these alternative training methods will ultimately be, and Media and Government Relations Manager Troy Roberts is working in the political sphere to push for mandatory testing legislation to be introduced in the ACT.

Ea

The AFPA is ready to commence negotiations for the next Enterprise Agreement. However, before we can proceed, there are a few statutory hoops that the AFP needs to navigate.

The AFPA has been diligently working on a framework that fully addresses our members' concerns and aspirations. There are certain legal requirements and procedural obligations that the employer must fulfil before bargaining can officially commence. These include various consultations, notifications, and timelines prescribed by the government.

The AFPA is in constant communication with the AFP — urging them to expedite these necessary steps. We are calling for a prompt initiation of the bargaining process to minimise any delays and ensure that our members' interests are properly represented.

In the lead-up to the recent National Council, the AFPA commissioned Essential Research to conduct an AFPA member-wide survey to gauge their overall satisfaction at work.

The full report is available publicly on our website at: https://www.afpa.org.au/wp-content/uploads/2023/05/2782AFPA-Pay-and-Morale-Survey-2023-Full-Report-V3-002.pdf

For more information on our plans to utilise these findings, please read the article on page 14.

In This Issue

The AFPA has recently employed two new Graduate Research Officers. We feature an introduction to Amelia O’Rourke and Emma Ramsay on page 32.

The Commonwealth Ombudsman’s department has also provided an explanatory article on their role as relevant to AFPA members on page 16.

And Legal Manager Giles Snedker has prepared an update on the Board of Inquiry examining the R v Lehrmann mistrial on page 18.

As always, stay safe and do not hesitate to reach out to our membership team on (02) 62851677 if you need help at any time.

In solidarity,

Alex Caruana President